Every day in the United States, about 29 individuals lose their lives due to accidents involving drunk drivers, as reported by the Centers for Disease Control and Prevention. The total sum of the damages cumulated equal to $44 billion.
However, the injuries can be life-altering and forever change a person’s way of living, speaking, eating, working, etc.
In case you find yourself in a situation like this one, it is important to get to know your rights by consulting injury attorneys at Sattiraju & Tharney. After a drunk driving accident, there are several legal options at your disposal. Choosing the right one will depend on your case’s circumstances, such as the severity of your injuries and losses.
Legal options for accidents caused by a drunk driver.
If you get involved in an accident caused by the negligence of an impaired driver, there are a few legal options available that you can exercise to seek compensation and recover your damages. These are as follows:
- File a lawsuit against the drunk driver.
According to the law, the at-fault party is liable to compensate the victim for the damages incurred. If the drunk driver’s insurer accepts the fault and gives you a settlement offer, you can take their offer and lose your rights to make any future claims against them.
Sometimes, the insurer of the at-fault party will refuse to pay the compensation because of the drunk driver’s negligence. In that case, you have the right to sue the drunk driver. However, there is a statute of limitation of two years for filing a claim. Therefore, make sure you start working on the case as soon as possible.
- File a car accident insurance claim.
Another option available to you is to file a car accident insurance claim. You have the right to file a claim against your own insurance company and the at-fault party’s insurance company as well.
It is always recommended to work with an experienced personal injury attorney who can help you decide and demand a reasonable amount from the insurance company. They can help in the negotiation process to arrive at a fair settlement, which could be difficult to handle on your own.
The at-fault party’s negligence in an accident.
Although driving under the influence is a crime, it will not automatically make the drunk driver liable to cover the losses. To get compensation for your damages, you may need to prove:
- The drunk driver’s negligence resulted in your loss. Only intoxication is not sufficient. You may need additional evidence as well, which may include witness statements, pictures, medical records, etc.
- The accident took place because of the driver’s negligence.
- You sustained an injury because of the crash.
- The accident resulted in your damages.
